MGMT 311 Hailey (non-honors) - Exam
1 Questions & Answers29
dying declaration - ANSWERS-the last words of a dying witness, which may be entered as
hearsay evidence in a criminal trial
-newly discovered evidence
-jury misapplied law
-jury misunderstood evidence
-misconduct by participants (by attorneys and jury)
-legal error by judge - ANSWERS-Motion for new trial reasons
Motion for judgement notwithstanding the verdict - ANSWERS--if filed motion for directed
verdict, can now reurge motion and judge can grant
-even if view all evidence most favorably to party, a reasonable jury should not have found for
party
Affirm - ANSWERS-appellate decision to agree with lower court ruling
Reverse - ANSWERS-appellate decision where appellate wins
reverse and remand - ANSWERS-to nullify a lower court's decision and return a case to trial
reverse and render - ANSWERS-The high court overturns the lower court and enacts a final
verdict
,modify - ANSWERS-appellate decision that $ amount is too high so reduce the damages
Federal question - ANSWERS-Losing party may only appeal to supreme court from state
supreme court if a _______ was involed
Court Assistance in Collection - writ of execution - ANSWERS-Force to liquidate and pay, sherriff
ordered to go sieze property to makeup for damages
Availability of assets - ANSWERS-plaintiff looks to see if defendant has sufficient assets before
the suit is filed
Law consists of - ANSWERS-enforceable rules governing relationships among individuals and
between individuals and their society
Four Sources of Law - ANSWERS--Constitutions
-Statutes (Acts)
-Administrative Rules/Regs
-Common Law
Constitutions - ANSWERS-establish organization, powers, and limits of governments
Statutory Law (Acts) - ANSWERS-Law passed by the U.S. Congress or state legislatures
-Federal statutes: apply to everyone nationwide
-State statutes: apply only to people within borders of the state
-Found in federal and state code of laws (divided by subject)
(Ex: Civil Rights Act)
-Cannot violate constitutional law
, Administrative Law - ANSWERS--can have local, state, or federal agencies
Common Law - ANSWERS--created by interpreting the other 3 types
-case law
-judge made law
Doctrine of Stare Decisis - ANSWERS-"to stand on decided cases"
-other thing William the Conqueror created
-use of precedent (similar past cases) that judges are obligated to follow if established by a
higher court in their jurisdiction
Functions of Stare Decisis - ANSWERS--Accomplishes court efficiency
-Creates a more just and uniform system
-Makes the law stable and predictable
-Allows us to use lessons from the past
Binding Precedent - ANSWERS-Must follow
Persuasive Precedent - ANSWERS-Use other similar cases from other jurisdictions to settle
precedences
Departures from Precedent - ANSWERS--Ruling is incorrect in the precedent
-Outdated or interpretation has changed
ex. Brown v. Board of Education overruled Plessy v. Ferguson
1 Questions & Answers29
dying declaration - ANSWERS-the last words of a dying witness, which may be entered as
hearsay evidence in a criminal trial
-newly discovered evidence
-jury misapplied law
-jury misunderstood evidence
-misconduct by participants (by attorneys and jury)
-legal error by judge - ANSWERS-Motion for new trial reasons
Motion for judgement notwithstanding the verdict - ANSWERS--if filed motion for directed
verdict, can now reurge motion and judge can grant
-even if view all evidence most favorably to party, a reasonable jury should not have found for
party
Affirm - ANSWERS-appellate decision to agree with lower court ruling
Reverse - ANSWERS-appellate decision where appellate wins
reverse and remand - ANSWERS-to nullify a lower court's decision and return a case to trial
reverse and render - ANSWERS-The high court overturns the lower court and enacts a final
verdict
,modify - ANSWERS-appellate decision that $ amount is too high so reduce the damages
Federal question - ANSWERS-Losing party may only appeal to supreme court from state
supreme court if a _______ was involed
Court Assistance in Collection - writ of execution - ANSWERS-Force to liquidate and pay, sherriff
ordered to go sieze property to makeup for damages
Availability of assets - ANSWERS-plaintiff looks to see if defendant has sufficient assets before
the suit is filed
Law consists of - ANSWERS-enforceable rules governing relationships among individuals and
between individuals and their society
Four Sources of Law - ANSWERS--Constitutions
-Statutes (Acts)
-Administrative Rules/Regs
-Common Law
Constitutions - ANSWERS-establish organization, powers, and limits of governments
Statutory Law (Acts) - ANSWERS-Law passed by the U.S. Congress or state legislatures
-Federal statutes: apply to everyone nationwide
-State statutes: apply only to people within borders of the state
-Found in federal and state code of laws (divided by subject)
(Ex: Civil Rights Act)
-Cannot violate constitutional law
, Administrative Law - ANSWERS--can have local, state, or federal agencies
Common Law - ANSWERS--created by interpreting the other 3 types
-case law
-judge made law
Doctrine of Stare Decisis - ANSWERS-"to stand on decided cases"
-other thing William the Conqueror created
-use of precedent (similar past cases) that judges are obligated to follow if established by a
higher court in their jurisdiction
Functions of Stare Decisis - ANSWERS--Accomplishes court efficiency
-Creates a more just and uniform system
-Makes the law stable and predictable
-Allows us to use lessons from the past
Binding Precedent - ANSWERS-Must follow
Persuasive Precedent - ANSWERS-Use other similar cases from other jurisdictions to settle
precedences
Departures from Precedent - ANSWERS--Ruling is incorrect in the precedent
-Outdated or interpretation has changed
ex. Brown v. Board of Education overruled Plessy v. Ferguson
